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HomeMy WebLinkAbout12/05/1994 - City Council153 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 5, 1994 The City Council of the City of Costa Mesa, California, met in regular session December 5, 1994, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and invocation by the Reverend Jerry Seiden, Harbor Christian Fellowship. ROLL CALL Council Members Present: Mayor Sandra Genis Vice Mayor Jay Humphrey Council Member Mary Hornbuckle Council Member Peter Buffa Council Member Joe Erickson Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Finance Director Susan Temple Community Services Director Keith Van Holt Deputy City Clerk Mary Elliott ORDINANCES AND A motion was made by Council Member Buffa, seconded by Vice RESOLUTIONS Mayor Humphrey, and carried 5-0, to read all ordinances and resolutions by title only. ANNOUNCEMENT Mayor Genis announced that Oral Communications would be heard following the announcement of the General Municipal Election results and selection of Mayor and Vice Mayor. GENERAL The Deputy City Clerk recited the facts of the General Municipal MUNICIPAL Election held in the City of Costa Mesa on November 8, 1994: The ELECTION election was consolidated with the Statewide General Election and the Orange County Registrar of Voters canvassed the returns and certified the results; the total number of ballots cast in the City was 28,887; the names of the 12 candidates voted for at the election for Member of the City Copincil were Gary Monahan, Janet Lea McCammon, Mike Scheafer, Chris Steel, Mark Korando, Peter Buffa, Bob Brady, James "Jimmer" Wysopal, Michael B. Collier, Libby Cowan, Lynn David Clements, and Will B. King (write-in); and the two candidates receiving the highest number of votes were Peter Buffa - 8,274, and Gary Monahan - 8,092. MOTION On motion by Council Member Hornbuckle, seconded by Vice Resolution 94-112 Mayor Humphrey, and carried 5-0, Resolution 94-112, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 1994; DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW, was adopted. -s, 154 Vice Mayor Humphrey expressed his pleasure at having had the opportunity to serve the community as a member of the City Council. He thanked staff for their unlimited support, and recognized citizens who donated their time to support various City committees. .Mayor Genis read a proclamation declaring December 5, 1994, as "Jay Humphrey Day", and presented the document to the Vice Mayor. Council Members Hornbuckle, Buffa, Erickson, and Genis wished the Vice Mayor well in his future endeavors, and he then introduced his family. Mr. Humphrey was officially escorted from the Council Chambers by a bagpipe and drum ensemble. Oaths of Office The Deputy City Clerk gave the Oath of Office to newly elected Administered Council Members Peter Buffa and Gary Monahan, and presented them with their Certificates of Election. MOTION The Deputy City Clerk called for nominations for Mayor. Council Council Member Member Buffa made a motion, seconded by Mayor Genis, Erickson Elected nominating Council Member Joe Erickson as Mayor of Costa Mesa. Mayor By a 5-0 vote, Council Member Erickson was elected Mayor for a two-year term which will expire in November, 1996. Mayor Erickson called for nominations for Vice Mayor. Council Member Hornbuckle made a motion, seconded by Council Member Genis, nominating Council Member Peter Buffa as Vice Mayor of Costa Mesa. By a 5-0 vote, Council Member Buffa was elected Mayor Pro Tem for a two-year term which will expire in November, 1996. Council,Member Monahan introduced his wife and acknowledged her support during the recent election. Mayor Erickson expressed his appreciation to Council for being elected Mayor, and introduced his family. Mayor Pro Tem Buffa voiced his thanks for the appointment as Vice Mayor, to his family for their support during the recent election, to the voters, and to the City's Police and Fire Associations. ORAL COMMUNI- Sid Soffer, 900 Arbor Street, Costa Mesa, read from a periodical CATIONS called "Nightclub and Bar", November, 1994 issue, sharing several Business Incentives articles which related to business incentives in various cities. Problems with St. Rick Gilliam, 221 East 20th Street, No. B, Costa Mesa, spoke Joaquim Catholic regarding difficulties he has encountered with St. Joaquim Catholic Church Church, an issue previously addressed at the Council meeting of November 21, 1994, (Planning Action PA-94-64/Zoning Action ZA-94-08), reporting on several incidents that had occurred that day involving children at the day care facility. He suggested penalizing the church for these acts against its neighbors. Mayor Erickson responded that the church is required to operate the preschool under a number of conditions contained within the Conditional Use Permit, and suggested that. Mr. Gilliam allow time for the relationship 'between the church and its neighbors to succeed. Investment Concerns John Moorlach, 3169 Madeira Avenue, Costa Mesa, extended his good wishes to Bob Citron who resigned his position as Orange County Treasurer, stating that he had not criticized Mr. Citron personally, only his policies. He thanked Council Members Erickson and Genis for the time they have expended on behalf of the citizens of Costa Mesa. Mr. Moorlach suggested that Council 1 155 consider a two -term limit for Council Members, and recommended careful evaluation of the City's financial personnel. Council Organization Will King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, proposed that Council expand to seven members instead of five. Vagrant Problems Dorothy Adams, 220 Amherst Road, Costa Mesa, addressed the vagrant problems in Costa Mesa, relating that some of them sleep in the motor homes at a storage park located on the corner of Ford Road and Newport Boulevard. She reported that the meeting on this subject, which was held at City Hall and included the service providers and homeowners associations, was not very successful. Ms. Adams contended that Costa Mesa does not need the number of soup kitchens that now exist because they attract the vagrants. The City Manager reported that the owners of the motor home storage park have been contacted, the fence at that site has been raised, and security lighting has "been installed. Orange County John Dooley, 963 Springfield Street, Costa Mesa, asked how much Treasurer's Pool; money the City would lose because of the recent problems with the and Shopping Carts Orange County Treasurer's Pool. Mayor Erickson informed Mr. Dooley that the Investment Policy is on this agenda under New Business. Mr. Dooley commented on the shopping cart issue, stating that he believed that grocery store management personnel did not take the problem seriously. The City Manager reported that this issue will again be considered at the Council meeting of December 19, 1994. Crime Problems Bill Polder, 1628 White Oak Place, Costa Mesa, referred to an article in the Los Angeles Times which reported that Costa Mesa has the highest crime rate per 100,000 residents of any city in Orange County. He suggested eliminating helicopter services and directing the funds and the personnel from this operation back to street patrol. Mayor Erickson replied that these were 1992-93 statistics; however, in 1994, Costa Mesa had the largest drop in crime of any city in Orange County. The City Manager related that the City has combined its helicopter program with that of the County, Huntington Beach, and Newport Beach, and is in the process of signing up eight other agencies to alleviate the expense. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item 2, Warrant Resolution 1586, and Payroll 9423; Item 4, Gym Floor Replacement at the Downtown Community Center, and Budget Adjustment No. 95-19; and Item 5, Right -of way appraisal services for the widening of Harbor Boulevard. MOTION/Approved On motion by Mayor Pro Tem Buffa, seconded by Council Member Except Items 2, Genis, and carried 5-0, the remaining Consent Calendar items were 4, and 5 approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Melissa Burns; Ian Kelly, a minor, by his guardian Michelle Kelly; Santa Ana Heights Water Company; Danny Snemis; An Dang Tu; and Richard Victor. Alcoholic Alcoholic Beverage License for which parking has been approved by Beverage the Planning staff: Bristol Equity Partners, Ltd., doing business at License 22930 Bristol Street, Unit A110. 156 REJECTED CLAIMS The following claims were rejected: Belida ' Bruce Belida (vehicle impounded). Lopez Joel Lopez (vehicle impounded). Dunn Scott Dunn (injured in bicycle accident on Santa Ana River bike trail). ADMINISTRATIVE Costa Mesa City Hall Americans With Disabilities. Act (ADA) ACTIONS/Accepted Compliance, Toilets and Conference Room Remodel, Project No. Work by Gabriel 94-01, was completed to the satisfaction of the Public Services Construction for ADA Director on August 10, 1994, by Louis T. Gabriel Construction, Toilets and Confer- Inc., 32152 Links Pointe, Laguna Niguel. The work was accepted; ence Room Remodel, the Deputy City Clerk was authorized to file a Notice of Project No. 94-01 Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. WARRANTS Item 2 on the Consent Calendar was presented: Warrant Resolution 1586, funding City operating expenses for $926,727.38; and Payroll 9423 for $1,267,451.46. Will King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, stated that he had reviewed the budget for expenses and payroll and had determined that the pay scale for MOTION ' employees should be lowered. On motion by Council Member Approved Warrant Hornbuckle, seconded by Mayor Pro Tem Buffa, and carried 570, 1586; Payroll 9423 Warrant Resolution 1586, and Payroll 9423, were approved. Downtown Commu- Item 4 on the Consent Calendar was presented: Gym Floor nity Gym Floor Replacement at the Downtown Community Center; and Budget Replacement Adjustment No. 95-19 for $15,000.00, to appropriate grant funds for the project. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested ,that the funds to replace the gym floor could be used more productively elsewhere. Will King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, stated that the cost was excessive and proposed examining other alternatives. The City Manager explained that this floor replacement was determined to be necessary for the safety of MOTION/Awarded the children and adults that use the facility. On motion by Council to M.F. Bolster; Member Hornbuckle, seconded by Mayor Pro Tem Buffa, and Budget Adjustment carried 5-0, the contract was awarded to M. F. Bolster Flooring No. 95-19 Approved Company, 5020 Bleecker Street, Baldwin Park, for $49,556.00; and Budget Adjustment No. 95-19 was approved. Harbor Boulevard Item 5 on the Consent Calendar was presented: Right-of-way Right -of -Way appraisal services for the widening of Harbor Boulevard from Baker Appraisal Services Street to Date Place. Sid Soffer, 900 Arbor Street, Costa- Mesa, suggested adding more explicit information to the Consent Calendar items. He expressed his displeasure with the proposed widening of Harbor Boulevard, and proposed synchronizing the traffic signals as an alternate means of alleviating traffic problems. The Public Services Director clarified that the widening is required by the Master Plan of Highways. Council Member Genis commented that a bus turnout on Harbor Boulevard between Nutmeg Place and MOTION Baker Street would help to facilitate travel. On motion by Council Awarded to Member Hornbuckle, seconded by Council Member Monahan, and Hennessey & carried 5-0, the contract was awarded to Hennessey & Hennessey, Hennessey 17581 Irvine Boulevard, Suite 108, Tustin, for an amount not to exceed $10,800.00. j: 1-57 PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Tot Lot Replacement set for the public hearing to consider the Tot Lot Replacement Program Program, Phase I: A resolution finding an exemption from the ADA (Americans with Disabilities Act) guidelines and California Disabled Access regulations for replacement of tot lot equipment at Brentwood, Del Mesa, Gisler, Pinkley, Smallwood, Wakeham, and Wilson parks. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Community Services Director reviewed the Agenda Report dated November 28, 1994. The City Attorney referred to his memorandum of December 5, 1994, which suggests the wording for an additional finding to be added to Page 2 of the resolution which states that all resources available to the City for use in the funding and operation of the Tot Lot Program, and City services and programs as they relate to this program, have been:, considered, and the retrofit of seven tot lots would be an undue financial burden. Council Member Genis requested that staff prepare an annual or semiannual report regarding the implementation of the ADA five- year compliance plan. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hornbuckle, seconded by Council Resolution 94-113 Member Genis, and carried 5-0, Resolution 94-113, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AN EXEMPTION FROM THE ADA GUIDELINES AND CALIFORNIA DISABLED ACCESS REGULATIONS FOR THE REPLACEMENT OF TOT LOT EQUIPMENT AT BRENTWOOD, DEL MESA, GISLER, PINKLEY, SMALLWOOD, WAKEHAM, AND WILSON PARKS, including the finding as outlined in the City Attorney's December 5, 1994, memorandum, was adopted. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place NPDES Surface set for the public hearing to consider an ordinance pertaining to Water Quality water quality, incorporating the National Pollutant Discharge Protection Elimination System (NPDES) model ordinance relating to surface water quality protection. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Public Services Director summarized the Agenda Report dated November 23, 1994. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Genis, seconded by Council Member Ordinance 94-19 Hornbuckle, and carried 5-0, Ordinance 94-19, AN ORDINANCE Given First Reading OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER III OF TITLE 7 OF THE COSTA MESA MUNICIPAL CODE BY ADDING ARTICLES 1 AND 2 PERTAINING TO WATER QUALITY, was given first reading and passed to second reading. Mayor Pro Tem Buffa explained that the term "unfunded State/Federal mandate", as mentioned in this and the previous item, refers to new programs required by the State or Federal government which will not be funded by them. Council Member Genis added that it is always the taxpayer who eventually provides the funding. OLD BUSINESS The Deputy City Clerk presented from the meeting of November 21, Massage Establish- 1994, second reading and adoption of Ordinance 94-17, amending ments and Practi- the Costa Mesa Municipal Code regarding licensing and regulation tioners of adult, sexually oriented businesses, and massage establishments and practitioners. A communication was received from Les Sweeney, Manager of Associated Bodywork & Massage Profession- als, 28677 Buffalo Park Road, Evergreen, Colorado, expressing concerns regarding several passages in Sections 9-323 and 9-338. Sid Soffer, 900 Arbor Street, Costa Mesa, read a portion of an article from "Nightclub and Bar" magazine entitled, "Crime Statistics Surprise Lafayette Mayor", concerning the relationship between crime and adult entertainment. John Black, 4001 Birch Street, Suite D, Newport Beach, clarified several points for Mayor Pro Tem Buffa. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Ordinance 94-17 Member Hornbuckle, and carried 5-0, to give second reading and Adopted adopt Ordinance 94-17, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 2 OF CHAPTER XIII OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING ADULT, SEXUALLY ORIENTED BUSINESSES, AND LIMITING THEM TO SPECIFIED ZONING DISTRICTS; AMENDING 'CHAPTER IV OF TITLE 9, PROVIDING FOR LICENSING AND REGULATION OF ADULT, SEXUALLY ORIENTED BUSINESSES; AND ADDING ARTICLE 22 TO CHAPTER H OF TITLE 9, PROVIDING FOR LICENSING AND REGULATION OF MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS, amending Section 9-327, Line 4, by replacing the word "activities" with the word "business". OLD BUSINESS The Deputy City Clerk presented from the meeting of November 21, Conflict of Interest 1994, second reading and adoption of Ordinance 94-18, amending Code the Costa Mesa Municipal Code relating to conflict of interest. Will King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, complained about political signs which are still posted within the City. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Pro Ordinance 94-18 Tem Buffa, and carried 5-0, Ordinance 94-18, AN ORDINANCE Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING EXHIBIT "A" TO COSTA MESA MUNICIPAL CODE SECTION 2-402 RELATING TO CONFLICT OF INTEREST CODE, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of November 7, Traffic Impact Fee 1994, formation of an ad hoc committee to explore financial/funding Ad Hoc Committee options for payment of traffic impact fees. The Public Services Director reviewed the Agenda Report dated November 23, 1994. He summarized the recommendations of the Trip Fee Ad Hoc Committee which were adopted at the November 7, 1994, Council meeting. Council Member Hornbuckle addressed a concern of Council Member Genis by stating that the intent of her motion at the November 7, 1994, meeting was to establish an ad hoc committee to investigate funding, noting that the intent was two -fold: to look at financing needs for an individual to pay the traffic impact fees; 159 and to investigate funding for traffic improvements. Council Member Genis suggested that preparing a verbatim transcript of this motion may be necessary. Council Member Monahan agreed that the ad hoc committee should investigate both funding aspects. Will King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, commented that this issue is a waste of taxpayers time. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that he would like confirmation that businesses actually create the traffic for which they are held responsible. He suggested that if the fee is actually necessary, it should be spent within a reasonable amount of time to benefit the person who paid it. MOTION A motion was made by Council Member Genis, seconded by Ad Hoc Finance Council Member Hornbuckle, and carried 5-0, to approve formation Committee Approved of the traffic impact4ee Ad Hoc Finance Committee, to authorize the City Manager to approve appointments thereto, to include in their activities the investigation of alternate funding both for those charged with paying the fees and for traffic improvements, as well as timely spending of the funding; and to authorize the City Manager to broaden the makeup of the ad hoc committee at his discretion. Mayor Pro Tem Buffa indicated that the ad hoc committee did not include a member of the City's Planning or Transportation Divisions, nor a member of the Public Services Department. Mayor Erickson clarified that the Public Services staff would attend the meetings to respond to technical questions. OLD BUSINESS The Deputy City Clerk presented an agreement with Dr. Keith Agreement for Dis- Dixon, California State University, Long Beach, for acquisition of position of Fairview artifacts discovered during the Fairview Park Archaeological Study. Park Archaeological The Community Services Director reviewed the Agenda Report Findings dated November 28, 1994. Mayor Erickson, as liaison to the Fairview Park Committee, reported that the Committee concurred with the Community Service Director's report that the artifacts are very small fragments and are not as significant as earlier finds at the park. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Agreement Approved Genis, and carried 5-0, the agreement was approved, and the Mayor was authorized to sign on behalf of the City. RECESS The Mayor declared at recess at 8:30 p.m., and reconvened the meeting at 8:40 p.m. NEW BUSINESS The Deputy City Clerk presented the 1994-95 Statement of 1994-95 Statement of Investment Policy; and a resolution authorizing the City Treasurer Investment Policy to invest and reinvest idle monies of the City of Costa Mesa in eligible securities and to sell or exchange securities purchased, and authorizing said Treasurer to deposit such securities for safekeeping in designated banks and savings and loans and authorizing the said Treasurer to delegate to the Assistant Director of Finance the carrying out of any such tasks. The Finance Director reviewed the Agenda Report dated November 27, 1994. The City Manager clarified that City funds in the Orange County Treasurer's Pool are not public safety retirement investments. He reported that the City had filed a request with the County to transfer the balance of the City's funds from the Orange County Treasurer's ,l60 Pool to the California Public Employee Retirement System (PERS), and expected that they will honor the request and process the transaction shortly. Will King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, asked if the City could generate its own money base within Orange County by having the residents create an open stock market. Sid Soffer, 900 Arbor Street, Costa Mesa, confirmed with the Finance Director that since the City invested in the Orange County Treasurer's Pool in June, 1990, the return has been 8.6 percent. He commented that the public is quick to condemn but believed that the overall picture showed the fund had been relatively successful. John Palme, 1997 Kornat Drive, Costa Mesa, stated that he hoped that the automatic deposit of property taxes, which are directed to the Treasurer's Pool, had been cancelled, and the Finance Director assured Mr. Palm that this had taken place. Council Member Genis commented that monies should not be placed into pools that do not adhere to the City's investment policy; and if monies are invested in a pool, investment should be limited as specified in the investment policy. MOTION A motion was made by Council Member Genis, seconded by Resolution 94-114 Council Member Hornbuckle, and carried 5-0, to ensure that the Adopted City's investment policy would limit investments in any pool such that the overall prorated share of the pool would not cause the City to exceed the limits otherwise stated in the investment policy, and to adopt Resolution 94-114, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE CITY TREASURER TO INVEST AND REINVEST IDLE MONIES OF THE CITY OF COSTA MESA IN ELIGIBLE SECURITIES AND TO SELL OR EXCHANGE SECURITIES PURCHASED, AND AUTHORIZING SAID TREASURER TO DEPOSIT SUCH SECURITIES FOR SAFEKEEPING IN DESIGNATED BANKS AND SAVINGS AND LOANS AND AUTHORIZING THE SAID TREASURER TO DELEGATE TO THE ASSISTANT DIRECTOR OF FINANCE THE CARRYING OUT OF ANY SUCH TASKS. NEW BUSINESS The Deputy City Clerk presented a General Plan Amendment GPA Screening screening request from Mike Talbot, VNE Development, Inc., 1048 Request Irvine Avenue, No. 363, Newport Beach, on behalf of Gene Talbot/Robertson Robertson, Post Office Box 156, Corona del Mar, to change the land use designation for a 20,000 -square -foot parcel located at 120 - 23rd Street from Neighborhood Commercial to High Density Residential. The Deputy City Manager/Development Services reviewed the Agenda Report dated November 28, 1994, and showed overhead transparencies of the project. He noted staff's recommendation to include the adjacent property at 114 - 23rd Street. Council Member Monahan stated that he would abstain from voting on this item due to the proximity of the property to his residence, and left the Council Chambers at 9:10 p.m. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his opinion that in the future, occupants of the subject residential property should not complain about their proximity to commercial property. He suggested that a representative from the commercial sector be present during discussion of this item. 11 11 v S_ King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, said that rens is progress, and the application should be supported. MOTION A motion was made by Council Member Hornbuckle, seconded by Request Accepted Council Member Genis, and carried 4-0, Council Member Monahan for Processing absent, to accept the request for processing, directing staff to include the property at 114 - 23rd Street, and directing that both the R2 -MD (Medium Density) and R2 -HD (High Density) zoning be considered. ncil Member Genis stated that she would like to have examined extent to which the proposed use would be consistent with the ting uses in the General Plan because there is a provision to serve nonconforming densities. Council Member Monahan returned to the Council Chambers at 9:25 p. M. NEW BUSINESS T e Deputy City Clerk presented a request to accept a donation of Collister Natis $ ,000.00 for improvements at Smallwood Park, and to approve Stinson Plaque installation of a plaque in memory of Collister Natis Stinson, age 15. Tie Community Services Director summarized the Agenda Report dated November 28, 1994, and showed a picture of the proposed nlaoue. Filbey, 3110 Coral Avenue, No. C, Costa Mesa, briefly sed Ms. Stinson's attributes, and believed that it would be )riate to remember her at Smallwood Park where she spent hours. King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, )roved of allowing plaques in City parks. Mayor Erickson that there are plaques in many parks around the City. Smith, 113 Georgetown Lane, Costa Mesa, agreed with Mr. MOTION Oen motion by Council Member Hornbuckle, seconded by Council Donation Accepted;1V�ember Genis, and carried 5-0, the donation was accepted and the Plaque Approved p aque was approved. NEW BUSINESS The Deputy City Clerk presented a request from Orange Youth Orange Youth Soccer Soccer League to be added to the list of non -City sponsored, League Request for n nprofit resident youth athletic programs that receive a waiver of Waiver of Fees f s for use of City -regulated athletic fields. The Community S rvices Director reviewed the Agenda Report dated November 23, 1994. MOTION/Waiver -OLn motion by Council Member Genis, seconded by Council Member of Fees Approved Monahan, and carried 5-0, the request was approved. NEW BUSINESS Te Deputy City Clerk presented a request to authorize additional Bus Shelter locations for bus shelters with advertising displays. The Public Advertising Services Director reviewed the Agenda Report dated November 18, 1994. Council Member Genis reported that complaints had been r�ceived regarding objectionable advertising on bus shelters, and canfied that those shelters were found to be located outside the City o Costa Mesa. King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, asked t placing an advertisement on a bus shelter. gzr 161 .84 0 4 'Bill Smith, 113 Georgetown Lane, Costa Mesa, spoke about bus problems. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the City derived money from the bus shelter advertising, and the Mayor responded in the affirmative. MOTION/Additional A motion was made by Mayor Pro Tem Buffa, seconded by Council Locations Approved Member Genis, and carried 5-0, to approve 30 additional locations listed on Exhibit "C" of the Agenda Report. NEW BUSINESS i The Deputy City Clerk presented a proposed Costa Mesa Promotion Costa Mesa Promo- Agency and Business Improvement District. Communications tion Agency supporting the District were received from the following Costa Mesa organizations: The Chamber of Commerce, 1835 Newport Boule- vard, Suite E-270; two from Ramada Limited, 1680 Superior Avenue; Best Western, 2642 Newport Boulevard; The Vagabond Inn/Costa Mesa Inn, 3205 Harbor Boulevard; Country Side Inn, 325 Bristol Street; Marriott, 500 Anton Boulevard; and Wyndham Garden Hotel, 3350 , Avenue of the Arts. The City Manager reviewed the Agenda Report dated December 1, 1994. He clarified that this concept was originated and brought to the City by motel/hotel business people and the Chamber of Commerce. Wayne Bodington, General Manager of the Westin South Coast Plaza Hotel, 686 Anton Boulevard, Costa Mesa, representing seven of the largest hotels in the City, specifically the Wyndham Garden Hotel, Costa Mesa Marriott Suites, Red Lion Hotel, Holiday Inn Costa Mesa, Country Side Inn and Suites, and the Residence Inn by Marriott, and also representing the Chamber of Commerce, of which he is a director, stated that a funded effort is required to promote Costa Mesa tourism since the City is not well-known outside California. He reported that tourism is a proven revenue generator for local municipalities and states, it creates jobs, and this would be a wise investment in the future of the City. He responded to a question from Mayor -Erickson by stating that he is asking the City to facilitate the Agency because the hotels do not have the financial means to undertake a program of this type, and hotels must abide by the United States antitrust laws. Considerable discussion ensued regarding Transient Occupancy Tax (TOT). Will King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, commented that he did not support imposing more taxes. Mayor Erickson clarified that this is not a tax the City is imposing. John Peiser, General Manager of the Holiday Inn Costa Mesa, 3131 South Bristol Street, Costa Mesa, stated that the purpose of the Agency is to promote business within the City. He reported that residents would not be paying the assessment, but they would reap the benefits. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that if Costa Mesa is not on the map by ; this time, this money will not accomplish the job. He was troubled by the fact that the industry does not have enough money for this effort without involving the City, and suggested that they solve the problem by raising their prices. MOTION A motion was made by Council Member Hornbuckle, seconded by Approved in Concept Mayor Pro Tem Buffa, and carried 5-0, approving the proposal in concept, and authorizing the City Manager and the City Attorney to 1 prepare the necessary documents for Council action to establish the Business Improvement District, stipulating that enrollment be voluntary. Council Member Genis suggested working out a system wherein neither the large hotels nor the small hotels have a particular advantage because of their size. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORTS/Request Government Code Sections 54956.9(b)(1) and 54956.9(c) to discuss for Closed Session: the following: Claim from Yvonne Litchfield; and the Orange Litchfield Claim; County Treasurer's Pool. Mayor Erickson announced that closed Treasurers Pool session would be held after completion of regular business. CITY MANAGER'S The City Manager presented a resolution revising pay ranges for job REPORT/Pay Range classifications represented by the Costa Mesa City Employees Increase for CMCEA Association (CMCEA), and reviewed the Agenda Report dated Job Classifications November 28, 1994. Will King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, stated that City employees make too much money. Sid Soffer, 900 Arbor Street, Costa Mesa, pointed out that "you get what you pay for", and the City is a multi-million dollar corporation with professional employees. MOTION On motion by Council Member Hornbuckle, seconded by Council Resolution 94-115 Member Genis, and carried 5-0, Resolution 94-115, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING PAY RANGES FOR JOB CLASSIFICATIONS REPRESENTED BY THE COSTA MESA CITY EMPLOYEES ASSOCIATION, TO REFLECT THE ESTABLISHED LABOR MARKETPLACE PURSUANT TO THE 1994-1997 MEMORANDUM OF UNDERSTANDING (MOU), was adopted. - Council Member Genis pointed out that this, document allows for an increase for certain positions- but Ahat-'sala_ry=steps have been added to the lower range of some positions to --reflect the market. COUNCIL Council Member Monahan thanked .Council and staff for making COMMENTS him feel welcome, and the citizens fog electing him to the Council. Council Member Monahan Welcomed Council Members Hornbuckle; Genis, and Buffa welcomed Council Member Monahan. Council Numbers Council Member Genis addressed the issues previously raised during and Terms the meeting regarding terms for Council Members and the number of members on the Council, stating that she had been informed by the City Attorney that the number is set due to Costa Mesa being a General Law, not a Charter city. She mentioned that there had been a police officer present in the Council Chambers during the meeting because of persons who are unable to conduct themselves in a civilized manner. She encouraged citizens to help those less fortunate during the holiday season. Mayor Pro Tem Mayor Pro Tem Buffa stated that he preferred this title to that of Vice Mayor. Council Member Genis suggested that the Costa Mesa Municipal Code be changed accordingly. Crime Rate Mayor Erickson expressed his appreciation for being elected mayor. Regarding the crime rate article mentioned under Oral Communi- cations, he suggested that the Police Chief send a letter to the press outlining the duties of the police, and addressing this issue. ADJOURNMENT TO At 10:30 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor Conference Room to discuss the items announced by the City Attorney. MEETING The Mayor reconvened the meeting at 11:35 p.m., and the action RECONVENED taken during closed session was announced. MOTION Regarding the claim from Yvonne Litchfield, by a vote of 5-0, the Litchfield Settle- City Attorney and the Risk Manager were authorized to settle in an ment Authorized amount not to exceed that shown in the City Attorney's confidential memorandum dated November 29, 1994. Treasurer's Pool Regarding the Orange County Treasurer's Pool, Council received an Report Received oral, legal report from the City Attorney. ADJOURNMENT The Mayor declared the meeting adjourned at 11:40 p.m. ,Lfo!'_tj�� M r of the City of Costa Mesa ATTEST: 1 Deputy City lerk of the City of Costa Mesa 1